Divorce with current k1 sponsor before AOS, found new love - questions!

[Suss&Camm 2,213]

1 minute ago, GabiMatch said:

Really? You should have take a look at VJ Processing Times, but here it is....He applied in May, raised a SR and still doesn't have any answer...VJ Processing times state:

Processing Dates 
for Common Forms:

 

He was being sarcastic.

[JFH 12,190]

I agree that what we are seeing here happens all over the world, all of the time. But immigration officials don't expect us to act like that. In their eyes, they have bestowed a great privilege upon us (I am also an immigrant) - namely to be able to live in the USA permanently. Millions around the world are desperate to come here. We see some of that here but only the tip of the iceberg. When I see people getting into dangerous boats and risking death by drowning or dehydration to get into countries like the USA or some European countries it's quite humbling and makes me realize what a privilege it is. Although most of us didn't come here to escape poverty, we came for love, the fact is that millions around the world would give anything to be in our position. With that in mind, visas are granted after scrutiny that the applicant is genuine. It's therefore expected by the officials that people will not take the privilege so lightly. They expect that people who are prepared to leave everything behind in their home country will work a bit harder at their relationship before giving up. 

 

My husband and I were talking about marriage and our future together very early in our relationship. That's not uncommon. But immigration officials expect you to be in a different league. Talk about marriage too soon and they assume you're in it for the green card only. Send money or buy gifts and they assume it's a business arrangement to get a green card, not a genuine love match. We must always remember that we are under the microscope and the normal rules of the game don't apply to us. 

[Sav&Har 142]

I am sorry not meant to be judgmental as I don't know anything. This kind of situation gets under my skin, whatever happened to marriage? do people take it seriously anymore?  

[caliliving 606]

I have seen lots of people engaged and married to guy and later meet a woman and live her and love happily ever after! I w ont judge but this is not going to be easy for her whether it was a guy or a girl. Also, this being an immigration case makes it very hard.

What country is the OP from? And also how old? And how old was your husband and new fiance? So make questions to be answered. The best is to go home and then continue your visit and build your relarionsjip. Also r u from a vwp country? 

 

[CodieM 2]

7 hours ago, caliliving said:

I have seen lots of people engaged and married to guy and later meet a woman and live her and love happily ever after! I w ont judge but this is not going to be easy for her whether it was a guy or a girl. Also, this being an immigration case makes it very hard.

What country is the OP from? And also how old? And how old was your husband and new fiance? So make questions to be answered. The best is to go home and then continue your visit and build your relarionsjip. Also r u from a vwp country? 

 

Thanks everyone for the feedback. Yep VIsa waiver country and I’m 30. 

[CodieM 2]

I’ve got 4 different attorney opinions now and the latest one was “I’ve fulfilled my duty of being a good strong K1 candidate and now my EAD and GC is on me and not tied to my partner”. I just can’t believe the different responses I’m getting with attorneys. 

 

Im not here to be fraudulent. I couldn’t care less about any of that. I was simply here to ask the questions so thank you for those that answered minus the rude, judgmental ppl that have no idea about my life and always have to get involved. Keyboard warriors are oh so tough. 

[JFH 12,190]

26 minutes ago, CodieM said:

 

 

 the rude, judgmental ppl that have no idea about my life and always have to get involved

You invited those people into your life and your business. When you post on a public forum you have to accept that it will be read and commented upon by people who agree with you and people who don't agree with you, people who like you and people who don't like you. If you can't handle or don't want a negative reaction, don't post on a public forum. You can't dictate who responds and how they respond. 

[CodieM 2]

40 minutes ago, JFH said:

You invited those people into your life and your business. When you post on a public forum you have to accept that it will be read and commented upon by people who agree with you and people who don't agree with you, people who like you and people who don't like you. If you can't handle or don't want a negative reaction, don't post on a public forum. You can't dictate who responds and how they respond. 

I’m go goOd with that. just dont care for the BS 

[Ontarkie 14,236]

1 hour ago, CodieM said:

I’ve got 4 different attorney opinions now and the latest one was “I’ve fulfilled my duty of being a good strong K1 candidate and now my EAD and GC is on me and not tied to my partner”. I just can’t believe the different responses I’m getting with attorneys. 

 

Im not here to be fraudulent. I couldn’t care less about any of that. I was simply here to ask the questions so thank you for those that answered minus the rude, judgmental ppl that have no idea about my life and always have to get involved. Keyboard warriors are oh so tough. 

That attorney is wrong your K1 is tied to the petitioner and without him you don't get the GC. What did the other 3 laywers tell you? 

[Going through 5,671]

1 hour ago, CodieM said:

I’ve got 4 different attorney opinions now and the latest one was “I’ve fulfilled my duty of being a good strong K1 candidate and now my EAD and GC is on me and not tied to my partner”. I just can’t believe the different responses I’m getting with attorneys. 

I assume you're getting over-the-phone consultations?  They can become confusing because normally the lawyer is only giving about 5 minutes attention to what you are saying, doing 3 other things while talking to you on the phone and perhaps not paying close attention to what you are actually saying, and in a (sometimes) rush to get you off the phone is not clearly understanding the whole story as you are presenting it to them over the phone.   Sometimes it's also a matter of the caller not understanding the information being presented by the lawyer over the phone either.

 

See if you can arrange a sit-down consultation with an immigration lawyer who will be able to devote a little more time to hearing about your case, and be more in a position to devote their attention to you rather than a rushed phone call where some information can be lost in transit between callers.

 

BTW---the lawyer who said your GC is not tied to your partner is wrong. 

Edited October 12, 2017 by Going through

[Ontarkie 14,236]

You've been here almost 7 months. Time to head home and refile with your new love. 

[CodieM 2]

30 minutes ago, Ontarkie said:

That attorney is wrong your K1 is tied to the petitioner and without him you don't get the GC. What did the other 3 laywers tell you? 

One said I’ll have to return home, no ifs buts maybes. 

 

The other one was the one that told me that once the divorce goes through I can petition with my new partner from here and not have to return home so long as my husband doesn’t withdraw my application as I will still Be “in status”. This was a sit down for a good hour and paid for. Very reputable attorney as well with over 130 reviews of 4.5 stars and specializes in the K1 visa. 

[Ontarkie 14,236]

3 minutes ago, CodieM said:

One said I’ll have to return home, no ifs buts maybes. 

 

The other one was the one that told me that once the divorce goes through I can petition with my new partner from here and not have to return home so long as my husband doesn’t withdraw my application as I will still Be “in status”. This was a sit down for a good hour and paid for. Very reputable attorney as well with over 130 reviews of 4.5 stars and specializes in the K1 visa. 

Sadly the second attorney is not completely right either. If your soon to be ex didn't withdraw his support, your AOS is still based on him.

That would mean you would also have to ROC and prove your marriage to him was in good faith.

As long as you no not leave the US you will never be able to be petitioned by your new partner. 

 

Please listen to the first attorney and everyone on here. We are not trying to make life harder on you, but we are trying to make sure you don't go through years of this process just to be denied. 

[CodieM 2]

14 minutes ago, Ontarkie said:

Sadly the second attorney is not completely right either. If your soon to be ex didn't withdraw his support, your AOS is still based on him.

That would mean you would also have to ROC and prove your marriage to him was in good faith.

As long as you no not leave the US you will never be able to be petitioned by your new partner. 

 

Please listen to the first attorney and everyone on here. We are not trying to make life harder on you, but we are trying to make sure you don't go through years of this process just to be denied. 

Thank you. I appreciate your input. 

 

I would not have a problem in proving the marriage marriage and relationship was legitimate as we have been together for 4.5 years and have leases together, insurance, photos, traveling etc etc

[Ontarkie 14,236]

34 minutes ago, CodieM said:

Thank you. I appreciate your input. 

 

I would not have a problem in proving the marriage marriage and relationship was legitimate as we have been together for 4.5 years and have leases together, insurance, photos, traveling etc etc

But what do you have from the date of marriage forward? The past 4.54 years is not what they are going to want to see. They want to see from the time you entered till split. 

 

Good luck with the rest of your journey.